Imo State Swiftly Aligns with Judicial Norms After NJC's Intervention
Imo State Announces New Action Following NJC's Cancellation of Acting Chief Judge's Appointment
In a surprising turn of events, the Imo State government has pledged to abide by the National Judicial Council's (NJC) guidance regarding the appointment of an acting Chief Judge. The announcement came after the NJC declared the appointment of Justice Theophilus Nzeukwu, made by Governor Hope Uzodinma, as unconstitutional.
According to a statement issued on Thursday by the Commissioner for Information, Public Orientation and Strategy, Declan Emelumba, Governor Uzodinma has acknowledged and accepted the Council's latest position on the matter.
The NJC's 108th meeting, held on April 29 and 30, 2025, under the chairmanship of the Chief Justice of Nigeria, Justice Kudirat Kekere-Ekun, resolved that Uzodinma should reverse the decision and appoint the most senior judicial officer in the state, in accordance with the provisions of the 1999 Constitution.
The NJC's Deputy Director of Information, Kemi Ogedengbe Babalola, stated in a release that Imo State Governor Uzodinma was instructed to appoint the most senior judge of the High Court as the Acting Chief Judge.
Initially, Governor Uzodimma appointed Justice Nzeukwu as Acting Chief Judge owing to credible reports suggesting he was the most senior judge unencumbered by unresolved issues. However, the NJC's decision emphasized that appointing the highest-ranking judge during a vacancy is a constitutional requirement without room for discretion.
"Senator Hope Uzodimma made the appointment of Hon. Justice Theophilus Nzeukwu as Acting Chief Judge based on credible reports available to him at the time, which indicated that Justice Nzeukwu was the most senior judicial officer not encumbered by unresolved issues.
"This position, along with the supporting circumstances, was duly communicated to the NJC.
"The Government respects the wisdom of NJC in the discharge of its statutory duties and recognises the advisory constitutional role of the body in judicial appointments. Consequently, the government acknowledges and accepts the Council's latest position on the matter.
"While the appointment was made in good faith and within the bounds of the law, the Government of Imo State will, in line with its longstanding respect for due process and the judiciary, comply with the NJC's recommendation.
"Accordingly, steps are being taken to implement the decision of the National Judicial Council," the statement read.
This swift adjustment by Imo State showcases the government's commitment to upholding the constitutional rules and respecting the judiciary's role in appointment procedures.
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Enrichment Data: The National Judicial Council (NJC) directed Imo State Governor Hope Uzodimma to reverse the appointment of Justice Theophilus Nzeukwu as acting Chief Judge, declaring it unconstitutional. The NJC cited Section 271(4) of the 1999 Constitution, which mandates appointing the most senior High Court judge during a vacancy[1][4]. Governor Uzodinma had sought to bypass three senior judges to appoint Nzeukwu, the fourth in hierarchy, but the NJC rejected this, emphasizing the constitutional provision leaves no room for discretion[4][5]. Imo State’s response included a commitment to comply with the NJC’s directive. A statement confirmed the government would follow constitutional procedures to appoint the most senior judge as acting Chief Judge[5]. The NJC’s decision followed its 108th meeting (April 29–30, 2025), where it also suspended three judges over unrelated misconduct[1][3]. Key constitutional basis: - Section 271(4) requires appointing the “most senior judge” without exception[1][4]. The NJC termed Uzodimma’s initial appointment of Nzeukwu a “violation” and ordered immediate reversal[3][5].
- After the National Judicial Council (NJC) declared the appointment of Justice Theophilus Nzeukwu as unconstitutional, Governor Hope Uzodinma of Imo State has pledged to abide by the NJC's guidance regarding the appointment of an acting Chief Judge.
- In accordance with the provisions of the 1999 Constitution, the Imo State government will now appoint the most senior judge of the High Court as the Acting Chief Judge.
- The NJC's decision emphasized that appointing the highest-ranking judge during a vacancy is a constitutional requirement without room for discretion, and the Imo State government has acknowledged and accepted this position.
- The Governor of Imo State was instructed by the NJC to reverse the decision made on April 29 and 30, 2025, during its 108th meeting, and to appoint the most senior judge in accordance with the Constitution.
- The swift adjustment by Imo State showcases the government's commitment to upholding the constitutional rules and respecting the judiciary's role in appointment procedures.
- This alignment with the National Judicial Council's judgement adds another layer to the ongoing dialogue about policy-and-legislation, politics, and general news in Nigeria, particularly concerning the justice system and the role of the NJC.
